This mode of repression, however, is only applicable when the person of the offender can be secured. In the contrary case, the criminal law is powerless, and, if the injured party deem the misdeed so serious in character as to make it necessary to recall the enemy to a respect for law, no other resource remains than a resort to reprisals. Reprisals are an exception to the general rule of equity, that an innocent person ought not to suffer for the guilty. They are also at variance with the rule that each belligerent should conform to the rules of war, without reciprocity on the part of the enemy. This necessary rigor, however, is modified to some extent by the following restrictions: 85. Reprisals are formally prohibited in all cases in which the injury complained of has been repaired. 86. In all cases of serious importance in which reprisals appear to be absolutely necessary, they shall not exceed, in kind or degree, nor in their mode of application, the exact violation of the law of war committed by the enemy. They can only be resorted to with the express authority of the general in chief. They must conform, in all cases, to the laws of humanity and morality. CONVENTION REGARDING HOSPITAL SHIPS, SIGNED AT THE His Majesty the German Emperor, King of Prussia; His Majesty the Emperor of Austria, King of Bohemia, etc., etc., and Apostolical King of Hungary; His Majesty the King of the Belgians; His Majesty the Emperor of China; His Majesty the Emperor of Corea; His Majesty the King of Denmark; His Majesty the King of Spain; the President of the United States of America; the President of the United Mexican States; the President of the French Republic; His Majesty the King of the Hellenes; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau; His Highness the Prince of Montenegro; Her Majesty the Queen of the Netherlands; the President of the Peruvian Republic; His Imperial Majesty the Shah of Persia; His Majesty the King of Portugal and of the Algarves, etc.; His Majesty the King of Roumania; His Majesty the Emperor of All the Russias; His Majesty the King of Servia; His Majesty the King of Siam. and the Swiss Federal Council, Taking into consideration that the convention concluded at The Hague on July 29, 1899, for the adaptation to maritime warfare of the principles of the Geneva Convention of August 22, 1864, has sanctioned the principle of the intervention of the Red Cross in naval wars by provisions in favor of hospital ships; Desirous of concluding a convention to the end of facilitating by additional provisions the mission of such ships; Have appointed as their plenipotentiaries, to wit: [Names] Who, after communication of their full powers, found to be in good and due form, have agreed on the following provisions: ARTICLE I Hospital ships, concerning which the conditions set forth in articles 1, 2, and 3 of the convention concluded at The Hague on July 29, 1899, for the adaptation to maritime warfare of the principles of the Geneva Convention of August 22, 1864, are fulfilled, shall be exempted, in time of war, from all dues and taxes imposed on vessels for the benefit of the state, in the ports of the contracting parties. ARTICLE 2 The provision of the foregoing article does not prevent the application, by means of visitation or other formalities of fiscal or other laws in force at said ports. ARTICLE 3 The rule laid down in article I is binding only on the contracting powers in case of war between two or more of them. The said rule shall cease to be binding from the time when a noncontracting power shall join one of the belligerents in a war between contracting powers. ARTICLE 4 The present convention which, bearing the date of this day, may be signed until the first of October, 1905, by the powers expressing their desire to do so, shall be ratified as soon as possible. The ratifications shall be deposited at The Hague. A procès-verbal of the deposit of the ratifications shall be drawn up and a copy thereof, duly certified, shall be delivered through the diplomatic channel to all the contracting powers. ARTICLE 5 The nonsignatory powers are permitted to adhere to the present convention after October 1, 1905. They shall, to that end, make their adhesion known to the contracting powers by means of a written notification addressed to the Government of the Netherlands and communicated by the latter to the other contracting powers. ARTICLE 6 In the event of one of the high contracting powers denouncing the present convention, such denunciation shall not take effect until one year after the notification made in writing to the Government of the Netherlands and immediately communicated by the latter to all the other contracting powers. This denunciation shall only affect the notifying power. In testimony whereof the plenipotentiaries have signed the present convention and affixed their seals thereto. Done at The Hague the twenty-first of December one thousand nine hundred and four, in a single copy, which shall remain filed in the archives of the Government of the Netherlands and copies of which, duly certified, shall be delivered through the diplomatic channel to the contracting powers. FINAL ACT At the moment of proceeding to sign the convention having for its object. the exemption of hospital ships in time of war in the ports of the contracting parties from all dues and taxes imposed on vessels for the benefit of the state, the plenipotentiaries signing the present act express the wish that, in view of the highly humanitarian mission of these ships, the contracting governments may take the measures necessary in order to exempt these ships within a short time also from the payment of the dues and taxes collected in their ports for the benefit of others than the state, especially those collected for the benefit of municipalities or of private companies or persons. In witness whereof the pienipotentiaries have signed the present procèsverbal, which, bearing the date of this day, may be signed up to the first of October, 1905. Done at The Hague, the twenty-first of December, nineteen hundred and four, in a single copy, which shall remain on file in the archives of the Government of the Netherlands, and of which certified copies shall be delivered through the diplomatic channel to the powers signing the aforementioned convention. CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE SICK AND WOUNDED OF ARMIES IN THE FIELD. SIGNED AT GENEVA, JULY 6, 1906 His Majesty the German Emperor, King of Prussia; His Excellency the President of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary; His Majesty the King of the Belgians; His Royal Highness the Prince of Bulgaria; His Excellency the President of the Republic of Chile; His Majesty the Emperor of China; His Majesty the King of the Belgians, Sovereign of the Congo Free State; His Majesty the Emperor of Corea; His Majesty the King of Denmark; His Majesty the King of Spain; the President of the United States of America; the President of the United States of Brazil; the President of the United Mexican States; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland, Emperor of India; His Majesty the King of the Hellenes; the President of the Republic of Guatemala; the President of the Republic of Honduras; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau; His Highness the Prince of Montenegro; His Majesty the King of Norway; Her Majesty the Queen of the Netherlands; the President of the Republic of Peru; His Imperial Majesty the Shah of Persia; His Majesty the King of Portugal and of the Algarves, etc.; His Majesty the King of Roumania; His Majesty the Emperor of All the Russias; His Majesty the King of Servia; His Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal Council; the President of the Oriental Republic of Uruguay, Being equally animated by the desire to lessen the inherent evils of warfare as far as is within their power, and wishing for this purpose to improve and supplement the provisions agreed upon at Geneva, on August 22, 1864, for the amelioration of the condition of the wounded of armies in the field, Have decided to conclude a new convention to that effect, and have appointed as their plenipotentiaries, to wit: [Names] Who, after having communicated to each other their full powers, found in good and due form, have agreed on the following: CHAPTER I THE SICK AND WOUNDED ARTICLE I. Officers, soldiers, and other persons officially attached to armies who are sick or wounded shall be respected and cared for, without distinction of nationality, by the belligerent in whose power they are. However, a belligerent, when compelled to leave his wounded in the hands of the enemy, shall leave with them, so far as military conditions permit, a portion of the personnel and matériel of his sanitary service to assist in caring for them. ART. 2. Subject to the care that must be taken of them under the preceding article, the sick and wounded of an army who fall into the power of the other belligerent become prisoners of war, and the general rules of international law in respect to prisoners become applicable to them. The belligerents remain free, however, to enter into such mutual stipulations in regard to sick and wounded prisoners as they may deem appropriate. They shall have especially authority to agree: I. To mutually restore the sick and wounded left on the field of battle after an engagement. 2. To send back to their own country the sick and wounded who have recovered, or who are in a condition to be transported, and whom they do not desire to retain as prisoners. 3. To send the sick and wounded of the enemy to a neutral state, with its consent and on condition that they shall be interned by the neutral state until the close of hostilities. ART. 3. After every engagement the belligerent who remains in possession of the field of battle shall take measures to search for the wounded and to protect the wounded and dead from spoliation and ill treatment. He will see that a careful examination is made of the bodies of the dead prior to their interment or incineration. ART. 4. As soon as possible each belligerent shall forward to the authorities of their country or army the military tokens, or badges of identification, found upon the bodies of the dead, together with a list of the sick and wounded taken in charge by him. Belligerents will keep each other mutually advised of internments and transfers, together with admissions to hospitals and deaths which occur among the sick and wounded in their hands. They will collect all valuable personal belongings, letters, etc., which are found upon the field of battle, or have been left by the wounded or by those who have died in sanitary formations or other establishments, for transmission to interested persons through the authorities of their own country. ART. 5. The military authority may make an appeal to the charitable zeal of the inhabitants to receive and, under his supervision, to care for the sick and wounded of the armies, granting to persons responding to such appeals special protection and certain immunities. CHAPTER II SANITARY FORMATIONS AND ESTABLISHMENTS ART. 6. Mobile sanitary formations (i.e., those which are intended to accompany armies in the field) and the fixed establishments belonging to the sanitary service shall be protected and respected by belligerents. ART. 7. The protection due to sanitary formations and establishments ceases if they are used to commit acts injurious to the enemy. |